(a) In case of the death, conviction on impeachment, failure
to qualify, resignation or other disability of the Governor, the
President of the Senate shall act as Governor until the vacancy is
filled or the disability removed; and if the President of the
Senate, for any of the above-named causes, shall be or become
incapable of performing the duties of Governor, the same shall
devolve upon the Speaker of the House of Delegates; and in all
other cases where there is no one to act as Governor, one shall be
chosen by the joint vote of the Legislature. Whenever a vacancy
shall occur in the Office of Governor before the first three years
of the term shall have expired, a new election for Governor shall
take place to fill the vacancy.

(b) The new election shall consist of a special primary
election and a special general election, and shall occur at such
time as will permit the person elected as Governor in the new
election to assume office within one year of the date the vacancy
occurred: Provided, That the special general election provided in
this section may not apply to section eight, article one of this
chapter. Within thirty days from the date the vacancy occurs, the
person acting as Governor pursuant to the State Constitution shall
issue a proclamation fixing the time for a statewide election to
fill the vacancy in the Office of Governor. The special primary
election to fill a vacancy in the Office of Governor shall take
place no less than ninety days after the proclamation and no later than one hundred forty days from the date that the vacancy in the
office occurs. The proclamation issued by the person acting as
Governor pursuant to the State Constitution shall also provide for
a special general election to take place no sooner than ninety days
after the special primary election and no later than two hundred
eighty days from the date that the vacancy in the office occurs.

(c) The election shall follow the requirements of section one
of this article that are not in conflict with this section.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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